HB 23-1138

House Bill 23-1138 in Colorado changes the rules for evaluating whether an adult defendant is mentally competent to stand trial. It removes a requirement that defendants must be considered an imminent danger before they can get a mental health evaluation, and it allows certain professionals to petition the court to certify someone for short-term treatment without needing an emergency hold. The bill also ensures that if a defendant needs help restoring their competency, either through inpatient or outpatient care, there are clear procedures for providing this assistance. This law will take effect on July 1, 2024, and it has been signed by the governor.

Official Summary

The act removes the requirement that if a defendant is in jail or an inpatient setting, a finding that the defendant is an imminent danger to the defendant's self or others is required for the competency evaluation and report. If the competency evaluation determines that the defendant meets the criteria for civil certification and inpatient services, the behavioral health administration (BHA) shall, directly or through a contract, provide care coordination services for the defendant. If the court orders, as a condition of bond, that restoration to competency take place on an outpatient basis, the department of human services is responsible for the oversight of restoration education and coordination of services. Under specific conditions, the act allows that upon petition of the district attorney, a professional person, a representative of the BHA, a representative of the office of civil and forensic mental health, or other responsible person, a court may certify a respondent for short-term treatment in the custody of the BHA for not more than 3 months without requiring an emergency 72-hour hold. A court shall not accept a petition for certification for short-term treatment unless the respondent has a documented refusal to certified treatment. Upon filing of the petition, the court shall immediately appoint an attorney to represent the respondent. The respondent's attorney may request a jury trial within 14 days after receipt of the petition. The respondent has the right to an attorney for all proceedings conducted related to the respondent's competency and certification for treatment and services. The respondent may, at any time, file a written request to contest the petition, in which case the court shall set the hearing no later than 14 days after the petition was filed. If, after hearing all of the relevant evidence, the court finds grounds for certification have been established by clear and convincing evidence and that the BHA is able to provide adequate and appropriate treatment for the respondent that will likely be beneficial to the respondent's recovery, the court shall commit the respondent to the BHA's custody. APPROVED by Governor June 7, 2023 EFFECTIVE July 1, 2024. NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)

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